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In Nicosia, Cyprus, 'wrongful termination' refers to a situation where an employee's contract of employment has been terminated by the employer in a way that breaches one or more terms of the contract of employment. The law seeks to maintain a balance between the employer’s right to run their business and the employee’s rights. Generally, fairness, cause and ability to resolve any issues prior to termination are all aspects that are considered in these cases.
Legal assistance is often necessary in cases of wrongful termination to ensure that employees' rights are protected and they receive suitable compensation for any breach of contract. A lawyer can help in interpreting complex employment laws, in collecting and presenting necessary evidence and representing the employee in court if necessary. Whether you are looking to negotiate a settlement or you wish to take your case to court, a lawyer can provide invaluable guidance and support throughout the process.
In Cyprus and, therefore, in Nicosia, the termination of employment is primarily governed by the Termination of Employment Law of 1967. The law dictates that a reason should be provided for any termination and that termination due to union involvement, pregnancy, or gender is unlawful. It also mandates that employees made redundant must be compensated and that notice or payment in lieu must be given for termination. Notably, the law is applied in conjunction with the common law principle of wrongful dismissal, which implies that an employer must have a justifiable reason to fire an employee.
Termination without cause, discrimination, retaliation, or termination in violation of public policy are some common grounds for wrongful termination claims.
Compensation usually consists of reinstatement to your old job, back pay, front pay, compensatory damages, and possible punitive damages.
The claim to bring depends on your specific situation. A lawyer can provide advice on which claim would be the most suitable to your case.
In Cyprus, claims related to termination of employment must be made within three months of dismissal.
In certain circumstances, a worker who quits may be able to bring a 'constructive dismissal' case. Here, they would need to prove that their working conditions were so intolerable that they were forced to resign.
The Ministry of Labour, Welfare and Social Insurance of the Cyprus Government provides plenty of resources and information on labour laws and workers' rights. The Cyprus Labour Inspection Department can also assist with claims for wrongful termination.
If you believe you have been wrongfully terminated, your first step should be to document all circumstances related to your dismissal. Then, contact an employment lawyer who can evaluate your case. Time is of the essence, due to the brief statute of limitations for employment claims in Cyprus. It is therefore important to act promptly.
